Sahabuddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33516 of 2020 Arising Out of PS. Case No.-310 Year-2018 Thana- KUCHAIKOTE District- Gopalganj ====================================================== SAHABUDDIN ANSARI, Son of Mirhasan Ansari, Resident of Village - Nechwa Pandey Tola, P.S. - Kuchaikote, District - Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Adv.

: Mr. Javed Aslam, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-01-2021 Heard the parties.

The petitioner seeks bail in a case registered for the offence punishable under Section 420, 467, 468, 406/34 of the Indian Penal Code.

The petitioner has renewed his prayer for bail vide order dated 26.06.2019, the prayer for bail of the petitioner was rejected with a direction to the trial court, to conclude the trial within a period of one year.

Prosecution case in brief is that the petitioner including other co-accused persons in collusion with each other deceived the unemployed 15 persons in the name of getting job in foreign country on handsome salary and usurped Rs.10,50,000/-

Patna High Court CR. MISC. No.33516 of 2020(3) dt.20-01-2021 2/3 Vide order dated 16.12.2020 a report was called for from the learned court below regarding the stage of trial (report is kept at Flag 'A').

In compliance of the order dated 16.12.2020 the learned Additional Chief Judicial Magistrate-VII, Gopalganj vide his letter no. 251/2020 dated 22.12.2020 has reported that out of 07 witnesses, four witnesses have been examined. Summons have been issued to regarding other 03 witnesses. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner is in jail custody since 17.10.2018. The petitioner has no criminal antecedent.

Learned APP for the State opposes the prayer for bail petition.

Considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected in connection with Kuchai Kote P.S. Case No. 310/2018 from the Court of learned A.C.J.M.-VII, Gopalganj.

However, the learned court below is directed to conclude the trial as expeditiously as possible preferably within a period of three months from today. Both the parties are

Patna High Court CR. MISC. No.33516 of 2020(3) dt.20-01-2021 3/3 directed to extend their cooperation in early conclusion of the trial. If the trial is not concluded within the stipulated period, the delay is not attributable to the petitioner. The court below shall enlarge the petitioner on bail.

Accordingly, this application is disposed of. (Anjani Kumar Sharan, J) amitkumar/- U T